Delhi High Court - Orders
Jagtar Singh vs State Nct Of Delhi on 7 July, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4371/2025 & CRL.M.A. 19015/2025
JAGTAR SINGH .....Petitioner
Through: Mr. Rishi Pal Singh and Ms. Radha
Rani, Advs.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for the
State.
SI Snehlata and SI Anjali, PS
Kanjhawala.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 07.07.2025
1. This hearing has been done through hybrid mode.
2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanihta, 2023, has been filed seeking the following prayers: -
"In view of the foregoing submissions, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a) Allow the present application and be pleased to issue directions to conduct Narco Analysis Test of the applicant/accused Jagtar Singh at an appropriate Government forensic facility, subject to his voluntary consent and all legal safeguards or
b) Pass any such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice."
3. The present petitioner is an accused in Sessions Case No. 869/2023 arising out of FIR No. 362/2023, under Section 376 of the IPC and Sections 4/21 of The Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kanjhawala. The present petition has been filed This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2025 at 21:48:01 seeking directions to conduct Narco Analysis Test of the petitioner/accused. The petitioner had filed an application before the learned Trial Court to get his Narco Analysis Test conducted and the same was dismissed by the learned Trial Court vide order dated 30.05.2025. Hence, the present petition has been filed.
4. Learned counsel for the petitioner submits that the latter wishes to get his Narco Analysis Test conducted to prove his innocence. It is further submitted that the petitioner wants to undergo the said test to rebut the statutory presumption under Sections 29/30 of the POCSO Act. It is further submitted that the prosecution has heavily relied on the testimony of the survivor, who was examined as PW-2 before the learned Trial Court and to disprove their case, the petitioner desires to undergo the said Test to support his defence with scientific assistance.
5. Heard learned counsel for the petitioner and perused the record.
6. Learned Trial Court vide order dated 30.05.2025 had dismissed the application filed by the petitioner seeking direction to get his Narco Analysis Test conducted by observing as under: -
"By way of present application the accused JS wants to get conduct his Narco Analysis Test. It is settled law that the evidence which is recorded in the course of Narco Analysis Test or Polygraphy Test is not admissible in the eyes of law. Further the possibility of accused himself making exculpratory statements to support his defence also cannot be ruled out. Further it is also known that the Narco Analysis Test can be manipulated. The case law relied upon by Ld. Spl. PP for the State also support this opinion. Thus, considering the overall facts and circumstances of the case and the abovesaid value and position of Narco Analysis Test, This court does not find any merits in the application, hence, the application is dismissed.
Though the accused has every right to keep mum during the trial but he can produce himself as witness by moving application under Section 315 Cr.P.C. and his veracity can be checked during his This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2025 at 21:48:01 cross examination."
7. The Hon'ble Supreme Court in Selvi v. State of Karnataka, (2010) 7 SCC 263, had observed and held as under: -
"264. In light of these conclusions, we hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty. However, we do leave room for the voluntary administration of the impugned techniques in the context of criminal justice provided that certain safeguards are in place. Even when the subject has given consent to undergo any of these tests, the test results by themselves cannot be admitted as evidence because the subject does not exercise conscious control over the responses during the administration of the test. However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted in accordance with Section 27 of the Evidence Act, 1872.
(emphasis supplied)
8. The petitioner in the present case seeks direction to undergo Narco Analysis Test for the purpose of defence evidence. As noted in Selvi (supra), the results of Narco Analysis Test are not admissible in evidence. In these circumstances, the permission to conduct a test, results of which are inadmissible in evidence cannot be granted on mere asking of the petitioner/accused. It is noted that the ground taken in the present petition is that the learned Trial Court rejected the application filed by the petitioner seeking permission to conduct Narco Analysis Test without giving due consideration to the consent of the petitioner and relevance to the results of the said test. It is nowhere pointed out as to how the result of the said test, which otherwise is inadmissible, would help the petitioner/accused in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2025 at 21:48:01 establishing his defence. The petitioner in his defence evidence can always examine himself or any other witness in accordance with law.
9. In view of the aforesaid facts and circumstances of the present case, this Court finds no infirmity, illegality or perversity in the order dated 30.05.2025 passed by learned Trial Court.
10. In view thereof, the present petition is dismissed and disposed of accordingly.
11. Pending applications, if any, also stand disposed of accordingly.
AMIT SHARMA, J JULY 7, 2025/kr/ns Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2025 at 21:48:01